No final plat shall be approved by the city council, and no completed improvements shall be accepted by the city or its representatives, unless and until such plat and improvements conform to all applicable regulations and standards as prescribed by the city. All improvements, including, but not limited to streets, alleys, sidewalks, parking lots, drainage ways, water and sewer lines and improvements shall be designed, placed and constructed according to the procedures and policies herein and with the criteria and details in appendix B, Design Criteria and Construction Standards.
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(1)
Pre-application meeting.
The conceptual phase of the
development process includes informal review of any development proposal
with staff and/or with the development review committee (DRC) during
a pre-application meeting. Required forms, if applicable, are available
from the planning and zoning department, and appointments should be
made with building and development services. The plan or plat required
for this phase is not an official plat and does not constitute and
shall not be construed as the submission of or filing of a plat within
the meaning of this chapter or within the meaning of the laws of the
State of Texas or of the United States, including, without limitation,
Texas Local Government Code chapter 212, as amended.
(2)
Entitlements.
The review and approval process by the
city varies by the type of subdivision or land development proposal
and may also include zoning actions.
(A)
Plats.
The applicable administrative officers and/or approving authority reviews the plat and plans for compliance with city regulations and approves, approves with conditions, or disapproves the plat and plans. Refer to section 10.03.003 (Specific plats and procedures).
(B)
Engineered construction plans and engineering studies.
Engineered studies and construction documents bearing the seal and signature of a professional engineer licensed in the State of Texas, and cost estimates with the applicable development agreement are typically submitted to the planning and zoning department for distribution to the DRC with an approved preliminary plat and prior to application for a final plat or replat. All plans shall be in accordance with the regulations herein and with appendix B, Design Criteria and Construction Standards.
(C)
Guarantee of public improvements.
All required public improvements and facilities will be constructed prior to the legal filing of the plat or shall be guaranteed with an approved agreement and the provision of surety in accordance with these subdivision regulations, and with appendix B, Design Criteria and Construction Standards.
(3)
Physical development.
The technical review process varies
by the type of subdivision or land development proposal. Applicable
approvals including, but not limited to, zoning and plat are required
prior to proceeding to the physical development. The applicable administrative
officers review the construction documents and engineering studies
for compliance with city regulations.
(A)
Building permit.
An original complete application is
required to be submitted to the planning and zoning department. The
following approvals are required prior to permit approval:
(B)
Certificate of occupancy.
Upon final inspection and
completion of the project constructed in conformity with approved
plans, the city manager and/or designee may issue a certificate of
occupancy.
(4)
Legal filings.
(A)
Plat certification.
The certification on the face of
the approved plat or plan shall be executed by the applicable approving
authorities prior to filing with the city secretary or the Tarrant
County clerk in accordance with the regulations herein and all applicable
state law requirements.
(B)
Filing of approved plat.
Submit the required number
of blackline copies, fees, tax certificate and other copies, as may
be required by city staff and the Tarrant County clerk.
(Ordinance 1170, sec. 10.301, adopted 11/12/19)
(a)
Intent of required procedures and required improvements.
The requirements of these subdivision and development regulations
are designed and intended to assure that:
(1)
All purchasers of property within the subdivision shall have a usable,
buildable parcel of land;
(2)
The impacts of new development are mitigated through contributions
of rights-of-way, easements and construction of capital improvements;
(3)
The city can provide for the orderly and economical extension of
public facilities and services which are:
(A)
Provided at the earliest stage of the development process;
(B)
Constructed and installed properly;
(C)
Required only according to the proportionate share of the costs;
and
(D)
The new development and the required public facilities and services
conform to the adopted comprehensive plan, other adopted city plans,
and applicable capital improvements plans.
(b)
Role of development review committee (DRC).
The development
review committee (DRC) is responsible for reviewing all development
proposals for compliance with these regulations and to:
(c)
Pre-application meeting.
(1)
The development review committee (DRC) will review sketches, plans,
and/or plats with the applicant to determine what may be required
for the proposed development. No formal application is required, but
sketches and plans should be submitted to the planning and zoning
department in advance of the meeting.
(2)
Prior to submitting a formal application all DRC review comments
from the pre-application meeting must be addressed.
(d)
Plat determination.
(1)
Based on the information provided at the pre-application conference
and/or DRC meeting, determination will be made regarding the type
of plat or plan which is best suited for the type of development proposed.
(2)
The name of the proposed subdivision and the street names shall be unique and not duplicate the name of an existing plat or subdivision. The city will review and prohibits duplication of an existing plat or subdivision. In such case, another name will be required. Refer to article 10.04, Minimum Design Standards [Site Development Procedures - Public Improvements].
(e)
Formal plat application.
City staff is authorized to
create and require the use of subdivision and platting application
forms, which are available on the city website or may be received
in hard copy form from the planning and zoning department. The application
forms specify all the elements required for submittal.
(f)
Complete application required.
(1)
A complete application must be submitted to the city to be considered.
(2)
No required application shall be accepted by the city for processing
unless it is accompanied by all documents required by and prepared
in accordance with the requirements of these subdivision regulations,
all applicable city regulations, and the application form.
(3)
A determination of completeness shall not constitute a determination
of compliance with the substantive requirements of this these subdivision
regulations and any applicable city regulations.
(4)
Within ten (10) business days after the submittal of the formal application,
the applicant will be notified of the application status, which may
be one of the following:
(A)
Incomplete application.
(i)
An application which is lacking required information and/or
fee and will not be reviewed by the appropriate administrative officers,
departments and/or agencies. The determination shall specify the documents
or other information needed to complete the application and shall
state the date the application will expire if the documents or other
information is not provided.
(ii)
If the planning administrator issues two (2) incomplete determinations,
the applicant shall pay a resubmittal fee before any additional application
is approved by the city council. The fee shall be in the amount of
the professional fees, including engineering; and legal fees, if required,
for the review of the application and supporting documents and issuance
of comments plus an administrative fee of 20 percent of the total
professional fees.
(iii)
The applicant shall be deemed to have been notified if the city
has sent the applicant and/or the designated representative a written
explanation sent by USPS mail and/or e-mail as specified on the application.
(g)
Application expiration.
(1)
An application shall expire on the forty-fifth (45th) day after submittal
if:
(A)
The applicant fails to provide documents or other information necessary
to comply with the city’s requirements relating to the required
application;
(B)
The city has provided to the applicant, not later than the tenth
(10th) business day after the date the application is submitted, unless
otherwise specified, written notice that specifies the necessary documents
or other information, and the date the application will expire if
the documents or other information is not provided; and
(C)
The applicant fails to provide the specified documents or other information
within the time provided in the notification. If the required application
is not completed by the forty-fifth (45th) day after the application
is submitted to the appropriate administrative officers, the required
application will be deemed to have expired and it will be returned
to the applicant together with any accompanying information.
(2)
No vested rights accrue solely from the filing of an application
that has expired pursuant to this section, or from the filing of a
complete application that is subsequently denied.
(h)
Filing date.
(1)
For the purpose of these subdivision regulations, the filing date
of an application for approval of a plat or plan shall be the date
that the appropriate administrative officers determine that the application
satisfies all requirements of these subdivision regulations and all
other applicable ordinances, except for requested variances, and all
applicable fees have been paid.
(2)
The statutory period requiring formal approval or disapproval of
the plat or plan shall commence on the filing date.
(3)
Action shall be taken by the planning and zoning commission within
30 days of the filing date unless a waiver is requested by the applicant.
(4)
A plat or plan shall be submitted to the city council within 30 days
after the date the plat is approved or disapproved by the planning
and zoning commission unless a waiver is requested by the applicant.
(i)
Certification required.
(1)
In accordance with the regulations herein and Texas Local Government
Code section 212.009, as amended, when approved, all plans and plats
shall include a certificate of approval of endorsed (signature and
date) by the chair of the planning and zoning commission and the mayor
or mayor pro-tem and attested by the city secretary.
(j)
Documentation of approved plat.
(1)
City clerk.
As specified herein by plat type, submit
one (1) hard copy and one (1) electronic version of the approved plat.
(2)
Tarrant County clerk.
Submit the required number of
blackline copies, electronic version, fees, tax certificate and other
copies, as may be required for by city staff and the Tarrant County
clerk for official filing of the approved subdivision.
(k)
Miscellaneous review procedures.
(1)
Phased development.
(A)
If the subdivider intends to develop the subdivision in phases or
sections, the plat shall include only those sections or phases of
the subdivision that the subdivider intends for immediate development.
(B)
The subdivider shall provide an illustration (hard copy and/or electronic
version) showing all phases of the development [which] shall be provided
to city staff to review for substantial conformity.
(2)
Simultaneous submission of plats.
An applicant may simultaneously
submit both preliminary and final plat applications for review and
approval.
(Ordinance 1170, sec. 10.302, adopted 11/12/19)
(a)
Preliminary plat.
(1)
Purpose and authority.
(A)
The preliminary plat serves as a guide in the preparation of a final
plat, and in the engineering plans to serve the final plat. The plat
is not to be recorded and is only a proposed division of land for
review and study by the city.
(B)
The preliminary plat is not contemplated by the Texas Local Government
Code but is regulated herein.
(2)
Process and applicability.
The preliminary plat will
be reviewed by the planning and zoning commission and considered by
the city council.
(3)
Complete application submittal required.
An applicant must submit the completed application form, fee, additional documents, if required, and plat prepared in accordance with appendix A, Plat and Plan Requirements.
(4)
Notice.
Written notification is not required. Notice
of scheduled public meetings will be made as required by state law,
as amended.
(5)
Criteria for approval.
No preliminary plat shall be
reviewed by the planning and zoning commission and considered by the
city council, unless the following standards have been met:
(6)
Determination.
(A)
Recommendation of commission.
The planning and
zoning commission shall review the preliminary plat and recommend
approval, approval with conditions, or disapproval of the plat within
30 days of the filing date of the preliminary plat application.
(B)
City council action.
(i)
Following the recommendation of the commission, the city council
shall make a decision to approve, approve with conditions or disapprove
the preliminary plat application within 30 days of the recommendation
by the commission.
(ii)
If the city council conditionally approves or disapproves the
preliminary plat application, the administrative officers shall provide
the applicant a written statement of the conditions for the conditional
approval or reasons for disapproval that clearly articulates each
specific condition for the conditional approval or reason for disapproval,
including a citation to the law that is the basis for the conditional
approval or disapproval, if applicable.
(C)
Applicant response.
(i)
If the city council conditionally approves or disapproves a
preliminary plat, the applicant may submit to the administrative officers
a written response that satisfies each condition for the conditional
approval or remedies each reason for disapproval provided to the applicant.
(ii)
There is no deadline for when the applicant may submit the response.
(iii)
If the applicant submits a response under this section, the
response shall be reviewed by the administrative officers and forwarded
to the city council for action within 15 days of the date the response
is submitted.
(iv)
The city council shall take action to approve or disapprove
of the applicant’s previously conditionally approved or disapproved
preliminary plat.
(v)
The city council shall approve the preliminary plat if the applicant’s
response adequately addresses each condition of the conditional approval
or each reason for disapproval.
(vi)
The city council shall disapprove the preliminary plat if the
applicant’s response fails to adequately address each condition
of the conditional approval or each reason for the disapproval.
(vii)
The city council may only disapprove the preliminary plat for
a specific condition or reason previously provided to the applicant.
If the city council disapproves the preliminary plat, the administrative
officers shall provide the applicant a written statement of the reasons
for disapproval that clearly articulates each specific reason for
disapproval, including a citation to the law that is the basis for
the disapproval, if applicable. If the preliminary plat is disapproved
after the applicant files a response under this section, the disapproval
is final.
(D)
Approval.
Approval of the preliminary plat application
by the city council shall also constitute approval of plans and any
other documents or information submitted with the preliminary plat
application.
(8)
[Reserved.]
(9)
Documentation of approved plat.
An approved and certified
preliminary plat will be filed with the city secretary.
(10)
Exception.
For subdivisions less than five (5) acres
which contain four (4) lots or less, the requirement for a preliminary
plat may be waived in writing by the city manager or the designated
administrative official if no public improvements are being proposed
and if the development has access to a public street.
(11)
Commencement of development.
No construction activities
or development activity shall commence, nor shall any building permit,
utility connection permit, electrical connection permit or similar
permit be issued, for any development or land division subject to
this section, until a final plat has been approved by the applicable
approval authority.
(12)
Extension and reinstatement procedure.
An approved preliminary
plat shall be valid for 12 months after the date of city council approval.
If no action is taken within 12 months, the subdivider will be required
to file a new pre-application meeting for DRC review and pay all applicable
fees. Actions include submission of the following:
(A)
Submittal of engineered construction documents and/or engineering
studies or a complete application for final plat approval.
(B)
Extension request.
A one-time, six (6) month extension
may be granted by the DRC, provided that a written request for an
extension is signed and submitted to the planning and zoning department
60 days prior to the expiration date.
(C)
Reinstatement request.
An approved preliminary
plat may be reinstated by the DRC, provided that a written request
is signed and submitted to the planning and zoning department 60 days
prior to the expiration date.
(D)
Determination.
The decision of the DRC shall be
in writing and may grant a six-month extension or reinstate the plat
or deny the request. If the request is denied, the applicant or property
owner must submit a new application for approval and pay all applicable
fees. In determining whether to grant a request for extension or reinstatement,
the DRC shall take into account the following:
(b)
Final plat.
(1)
Complete application submittal required.
An applicant must submit the completed application form, fee, additional documents, if required, and plat prepared in accordance with appendix A, Plat and Plan Requirements.
(2)
Notice.
Written notification is not required. Notice
of scheduled public meetings will be made as required by state law,
as amended.
(3)
Criteria for approval.
No final plat shall be approved
unless the following standards have been met:
(A)
The final plat shall conform with the preliminary plat, as approved,
incorporating all conditions, changes, directions and additions.
(B)
Approval of the preliminary plat is required prior to submittal and
review of the final plat, unless waived in accordance to section 10.03.003(b)(10)
[10.03.003(a)(10)], Exception.
(C)
An executed public improvements agreement, as applicable, and provision
of security is provided to the administrative officers for consideration
by the city council.
(4)
Determination.
(A)
Recommendation of commission.
The planning and
zoning commission shall review the preliminary plat and recommend
approval, approval with conditions, or disapproval of the plat within
30 days of the filing date of the preliminary plat application.
(B)
City council action.
(i)
Following the recommendation of the commission, the city council
shall make a decision to approve, approve with conditions or disapprove
the preliminary plat application within 30 days of the recommendation
by the commission.
(ii)
If the city council conditionally approves or disapproves the
preliminary plat application, the administrative officers shall provide
the applicant a written statement of the conditions for the conditional
approval or reasons for disapproval that clearly articulates each
specific condition for the conditional approval or reason for disapproval,
including a citation to the law that is the basis for the conditional
approval or disapproval, if applicable.
(C)
Applicant response.
(i)
If the city council conditionally approves or disapproves a
preliminary plat, the applicant may submit to the administrative officers
a written response that satisfies each condition for the conditional
approval or remedies each reason for disapproval provided to the applicant.
(ii)
There is no deadline for when the applicant may submit the response.
(iii)
If the applicant submits a response under this section, the
response shall be reviewed by the administrative officers and forwarded
to the city council for action within 15 days of the date the response
is submitted.
(iv)
The city council shall take action to approve or disapprove
of the applicant’s previously conditionally approved or disapproved
preliminary plat.
(v)
The city council shall approve the preliminary plat if the applicant’s
response adequately addresses each condition of the conditional approval
or each reason for disapproval.
(vi)
The city council shall disapprove the preliminary plat if the
applicant’s response fails to adequately address each condition
of the conditional approval or each reason for the disapproval.
(vii)
The city council may only disapprove the preliminary plat for
a specific condition or reason previously provided to the applicant.
If the city council disapproves the preliminary plat, the administrative
officers shall provide the applicant a written statement of the reasons
for disapproval that clearly articulates each specific reason for
disapproval, including a citation to the law that is the basis for
the disapproval, if applicable. If the preliminary plat is disapproved
after the applicant files a response under this section, the disapproval
is final.
(D)
Approval.
Approval of the preliminary plat application
by the city council shall also constitute approval of plans and any
other documents or information submitted with the preliminary plat
application.
(6)
Documentation of approved plat.
An approved and certified
final plat will be filed with the Tarrant County clerk.
(c)
Minor plat.
(1)
Complete application submittal required.
An applicant must submit the completed application form, fee, additional documents, if required, and plat prepared in accordance with appendix A, Plat and Plan Requirements.
(A)
Applicability.
An application for approval of
a minor plat may be filed only when all of the following circumstances
apply:
(i)
The proposed division results in four (4) or fewer lots;
(ii)
All lots in the proposed subdivision front onto an existing
public street and the construction or extension of a street or alley
is not required; and
(iii)
The plat does not require the extension of any municipal facilities
or public improvements to serve any lot within the subdivision.
(B)
A certificate from the county clerk shall be submitted with the application
which shows the payment all taxes with no delinquent taxes against
the subject property.
(2)
Notice.
Written notification is not required.
(3)
Criteria for decision.
The city manager or designee
shall approve a minor plat application when it meets the following
criteria:
(A)
The minor plat application is consistent with all zoning requirements
for the property and all other requirements of this chapter;
(B)
All lots to be created by the plat are already adequately served
by all required utilities and services; and
(C)
The plat does not require the extension of any municipal facilities
or public improvements to serve any lot within the subdivision; and
(D)
The applicant has submitted a completed application form, associated documents, fee, and the minor plat containing the required information specified in appendix A, Plat and Plan Requirements.
(E)
The administrative officers may, for any reason, elect to present
a minor plat for approval to the planning and zoning commission and
then to the city council.
(i)
The administrative officers shall not disapprove a minor plat
and shall refer any minor plat which the administrative officers refuses
to approve to the planning and zoning commission and then to the city
council within the time periods specified in section 212.009, Texas
Local Government Code.
(ii)
If a minor plat is referred to the planning and zoning commission
and then to the city council, the approval process shall comply with
the processes provided for a final plat, as applicable.
(5)
Documentation of approved plat.
An approved and certified
minor plat will be filed with the Tarrant County clerk.
(d)
Amending plat.
(1)
Complete application/submittal required.
An applicant is required to submit the completed application form; associated documents; fee, as applicable; and the plat containing the required information specified in appendix A, Plat and Plan Requirements.
(2)
Notice.
Written notification is not required. Notice
of scheduled public meetings will be made as required by state law,
as amended.
(3)
Criteria for approval.
The city manager or designee
may approve an amending plat, which may be recorded and is controlling
over the preceding plat without vacation of the preceding plat, if
the amending plat is signed by the applicants only and is solely for
one or more of the following purposes:
(A)
To correct an error in a course or distance shown on the preceding
plat;
(B)
To add a course or distance that was omitted on the preceding plat;
(C)
To correct an error in a real property description shown on the preceding
plat;
(D)
To indicate monuments set after the death, disability, or retirement
from practice of the engineer or surveyor responsible for setting
monuments;
(E)
To show the location or character of a monument that has been changed
in location or character or that is shown incorrectly as to location
or character on the preceding plat;
(F)
To correct any other type of scrivener or clerical error or omission
previously approved, including lot numbers, acreage, street names,
and identification of adjacent recorded plats;
(G)
To correct an error in courses and distances of lot lines between
two adjacent lots if:
(H)
To relocate a lot line to eliminate an inadvertent encroachment of
a building or other improvement on a lot line or easement;
(I)
To relocate one (1) or more lot lines between one (1) or more adjacent
lots if:
(J)
To make necessary changes to the preceding plat to create six (6)
or fewer lots in the subdivision or a part of the subdivision covered
by the preceding plat if:
(i)
The changes do not affect applicable zoning and other regulations
of the city;
(ii)
The changes do not attempt to amend or remove any covenants
or restrictions; and
(iii)
The area covered by the changes is located in an area that the
planning and zoning commission and city council has approved, after
a public hearing, as a residential improvement area; or
(K)
To replat one (1) or more lots fronting on an existing street if:
(i)
The owners of all those lots join in the application for amending
the plat;
(ii)
The amendment does not attempt to remove recorded covenants
or restrictions;
(iii)
The amendment does not increase the number of lots; and
(iv)
The amendment does not create or require the creation of a new
street or make necessary the extension of municipal facilities.
(4)
Determination.
The city manager and/or designee may
approve an amending plat that complies with these regulations and
does not require a waiver; provided, however, the city manager may,
for any reason, elect to present an amending plat for approval to
the planning and zoning commission and then to the city council.
(A)
The city manager shall not disapprove an amending plat and shall
refer any amending plat which the city manager refuses to approve
to the planning and zoning commission and then to the city council
within the time periods specified in section 212.009, Texas Local
Government Code.
(B)
If an amending plat is referred to the planning and zoning commission
and then to the city council, the approval process shall comply with
the processes provided for a final plat, as applicable.
(6)
Documentation of approved plat.
An approved amending
plat will be filed with the Tarrant County clerk.
(e)
Replat.
(1)
Complete application submittal required.
An applicant must submit the completed application form, fee, additional documents, if required, and plat prepared in accordance with appendix A, Plat and Plan Requirements.
(2)
Notice.
(A)
Written notification is not required, unless the following applies.
(B)
Replat for residential lots.
Notice shall be provided
if the replat meets the following:
(i)
If any of the proposed property to be replatted, within the
immediate preceding five (5) years, was limited by any interim or
permanent zoning classification to residential use for not more than
two (2) residential units per lot; or
(ii)
If any lot in the approved subdivision was limited by deed restriction
to residential use for not more than two (2) residential units per
lot.
(iii)
Notice of the public hearing shall be given by publication in
an official newspaper or a newspaper of general circulation and by
written notice forwarded to the owners of lots that are in the original
subdivision and that are within 200 feet of the lots to be replatted,
as indicated on the most recently approved county tax roll of the
property upon which the replat is requested.
(3)
Process.
The application process, approval process,
criteria for approval, and recordation of a replat shall comply with
the processes as provided for a final plat, as applicable.
(5)
Documentation of approved plat.
An approved replat will
be filed with the Tarrant County clerk.
(f)
Residential replat.
(1)
Complete application submittal required.
An applicant must submit the completed application form, fee, additional documents, if required, and plat prepared in accordance with appendix A, Plat and Plan Requirements.
(2)
Applicability.
(A)
A replat without vacation of the preceding plat must conform to the
requirements of this section if:
(i)
During the preceding five (5) years, any of the area to be replatted
was limited by an interim or permanent zoning classification to residential
use for not more than two residential units per lot; or
(ii)
Any lot in the preceding plat was limited by deed restrictions
to residential use for not more than two (2) residential units per
lot.
(B)
If a proposed replat described above requires a variance or exception,
a public hearing must be held by the city council.
(3)
Notice.
Notice of the public hearing required by section
(g)(2) [(f)(2)] shall:
(A)
Be given no less than 15 days prior to the date of the public hearing
in an official newspaper; and
(B)
By written notice, with a copy of any special conditions, sent to
the owners, as indicated on the most recently approved ad valorem
tax roll of the city, of lots that are in the original subdivision
within 200 feet of the lots to be replatted. The written notice may
be delivered by depositing the notice, properly addressed with postage
prepaid, in a post office or postal depository within the boundaries
of the city.
(4)
Determination.
(A)
Variance.
If the proposed replat requires a variance
and is protested in accordance with this subsection:
(i)
The proposed replat must receive, in order to be approved, the
affirmative vote of at least three-fourths (3/4) of the members present
of the planning and zoning commission and city council.
(ii)
For a legal protest, written instruments signed by the owners
of at least 20 percent of the area of the lots or land immediately
adjoining the area covered by the proposed replat and extending 200
feet from that area, but within the original subdivision, must be
filed with the planning and zoning commission and city council prior
to the close of the public hearing.
(B)
If a proposed replat described by section (g)(1) [(f)(1)] does not
require a variance or exception:
(i)
The city shall, not later than the 15th day after the date the
replat is approved, provide written notice by mail of the approval
of the replat to each owner of a lot in the original subdivision that
is within 200 feet of the lots to be replatted according to the most
recent city or county tax roll.
(ii)
This section does not apply to a proposed replat if the planning
and zoning commission or the city council holds a public hearing and
gives notice of the hearing in the manner provided by section (g)(4)(A)
[(f)(4)(A)].
(5)
Process.
Except for public hearing, notice, and protest
procedures as described above, the application process, approval process,
criteria for approval, and recordation of a replat described by this
section shall comply with the processes as provided for a final plat,
as applicable.
(7)
Documentation of approved plat.
An approved replat will
be filed with the Tarrant County clerk.
(g)
Vacating plat.
(1)
Complete application/submittal required.
Submit the completed application form, associated documents, and the vacating plat containing the required information specified in appendix A, Plat and Plan Requirements.
(2)
Process and applicability.
(A)
The vacating plat will be considered by city council with a recommendation
from the planning and zoning commission.
(B)
By property owner.
The property owner of the tract
covered by a plat may vacate, upon review by the planning and zoning
commission and approval by the city council, the plat at any time
before any lot in the plat is sold. The plat is vacated when a signed,
acknowledged instrument declaring the plat vacated is approved and
recorded in the manner prescribed for the original plat (instrument
language is available from the city, upon request).
(C)
By all lot owners.
If some or all of the lots
covered by the plat have been sold, the plat, or any part of the plat,
may be vacated on the application of all the owners of lots in the
plat with approval obtained in the manner prescribed for the original
plat.
(3)
Criteria for approval.
(A)
The planning and zoning commission shall review, and the city council
may approve, the petition for vacation on such terms and conditions
as are in accordance with Texas Local Government Code section 212.013,
as amended, and as are reasonable to protect the public health, safety
and welfare.
(B)
As a condition of vacation of the plat, the city council may direct
the petitioners to prepare and seek approval of a revised final plat
in accordance with this chapter such that the property does not become
“unplatted.”
(4)
Determination.
The planning and zoning commission shall
recommend approval, and the city council shall approve, the plat vacation
only if the criteria and conditions cited above are satisfied.
(6)
Documentation of approved plat.
(A)
If the city council approves vacating a plat, the city secretary
shall record a copy of the plat vacation instrument in the office
of the county clerk of Tarrant County along with an exhibit showing
a drawing of the area or plat vacated.
(B)
The county clerk shall write legibly on the vacated plat the word
“vacated” and shall enter on the plat a reference to the
volume and page at which the vacating instrument is recorded.
(C)
If the city council vacates only a portion of a plat, it shall cause
a revised final plat drawing to also be recorded that shows that portion
of the original plat that has been vacated and that portion that has
not been vacated.
(D)
On the execution and recording of the vacating instrument the vacated
plat (or the vacated portion of the plat) has no effect.
(Ordinance 1170, sec. 10.303, adopted 11/12/19)
(a)
Waivers.
(1)
Purpose and authority.
(A)
The city council may approve waivers to these subdivision regulations
so that substantial justice may be done, and the public interest secured
when it finds that unreasonable hardships or difficulties may result
from strict compliance with these regulations, and/or the purposes
of these regulations may be served to a greater extent by an alternative
proposal. Any waiver granted shall not have the effect of nullifying
the intent and purpose of these regulations.
(2)
Process and applicability.
(A)
Waivers may be granted only when in harmony with the general purpose
and intent of the adopted comprehensive land use plan and these regulations
so that the public health, safety and welfare may be secured, and
substantial justice done.
(B)
Alternative standards.
Waivers to the regulations herein and contained in appendix B, Design Criteria and Construction Standards may only be granted based on evidence provided by the design engineer and acknowledged by the city manager and/or designee, that the alternative standards provide the same degree of protection that the original standards would provide.
(C)
Waivers should be submitted with the application for preliminary
plat. If a waiver is submitted after approval of the preliminary plat,
a separate application and fee and review process will be required.
(3)
Criteria for approval.
In granting a waiver, the city
council shall prescribe only conditions that it deems necessary or
desirable to protect the public interest. In making the findings hereinbelow
required, the city council shall consider:
(A)
The nature of the proposed land use(s);
(B)
Existing adjacent land uses of land;
(C)
The number of persons who will reside or work in the proposed subdivision;
and
(D)
The probable effect of such waiver upon traffic conditions and upon
the public health, safety, convenience, and welfare in the vicinity.
(E)
Pecuniary hardship standing alone shall not be deemed to constitute
undue hardship.
(4)
Determination.
No waiver shall be granted unless the
city council finds:
(A)
That there are special circumstances or conditions affecting the
land involved such that the strict application of the provisions of
these regulations would deprive the applicant of the reasonable use
of the land;
(B)
That the waiver is necessary for the preservation and enjoyment of
a substantial property right of the applicant;
(C)
That the granting of the waiver will not be detrimental to the public
health, safety, or welfare, or injurious to other property in the
area; and
(D)
That the granting of the waiver will not have the effect of preventing
the orderly subdivision of other land in the area in accordance with
the adopted comprehensive land use plan and the provisions of these
regulations; or
(E)
That the waiver is necessary as a result of the determination regarding
the rough proportionality of an exaction requirement.
(5)
Official record.
Such findings, together with the specific
facts, shall be incorporated into the official minutes of the city
council meeting at which such waiver is granted.
(b)
Traffic study.
(1)
A traffic impact analysis (TIA) is required for developments which
include and/or generate:
(A)
50 or more dwelling units; or
(B)
500 or more one-way trips per day; or
(C)
Collector or arterial streets not included in the master thoroughfare
plan (MTP). At any time during the pre-application proposal or plat
application process, the city manager or designee (city engineer)
may require a sight-distance study and/or a traffic impact analysis
for any portion of the tract to be subdivided.
(2)
The plat or any related development application which requires a
traffic impact analysis or study shall be held as “incomplete”
by the city and not scheduled for consideration until the results
of the completed study or traffic impact analysis have been reviewed
by the city engineer and any affected public agency (such as the State
of Texas, if required).
(3)
Based on the study or analysis, the city manager and/or designee
may impose stricter standards on the proposed plat in order to accommodate
increased traffic because of the proposed development.
(c)
Development agreement.
(1)
Agreement required.
As a condition to plat approval,
the subdivider shall execute a contract with the city providing for
the installation of public improvements required by the development
regulations of the city.
(A)
This agreement shall be considered by the city council at a regularly
scheduled meeting.
(2)
Revisions.
After execution of the development agreement
by the subdivider and the city, any changes in the contract or the
plans or specifications that alter the scope of the project must be
recommended by the city engineer, approved by the city attorney, and
considered by the city council at a regularly scheduled meeting. Upon
approval, an addendum to the development agreement shall be executed
by the subdivider and the city.
(d)
Adequacy of specific facilities.
(1)
Purpose and authority.
(A)
All lots to be platted shall be connected to the city public facility
systems, as follows:
(i)
A public water system which has capacity to provide water for
domestic use and emergency purposes, including adequate fire protection.
(ii)
An approved means of wastewater collection and treatment. The
city manager and/or designee shall be responsible for determining
the approved means of wastewater collection and treatment.
(iii)
Proposed roads shall provide a safe, convenient and functional
system for vehicular, bicycle and pedestrian circulation and shall
be properly related to the approved master thoroughfare plan. New
subdivisions shall be supported by a thoroughfare network having adequate
capacity, and safe and efficient traffic circulation. Each development
shall have adequate access to the thoroughfare network.
(iv)
Drainage improvements serving new development shall be designed
to prevent overloading the capacity of the downstream drainage system.
The city may require the use of control methods such as retention
or detention, the construction of off-site drainage improvements,
or drainage impact fees in order to mitigate the impacts of the proposed
subdivision.
(e)
Rough proportionality.
(1)
Authority.
Rough proportionality is adopted pursuant
to Texas Local Government Code, section 212.904, as amended.
(2)
Process and applicability.
(A)
Plat application.
The city manager and/or designee
shall review the plat application and prepare a written statement
affirming that each exaction requirement to be imposed as a condition
of approval is roughly proportionate to the demand created by the
subdivision or development on the applicable city public facility
systems, taking into consideration the following:
(i)
Current categorical findings and recommendations made by the
North Central Texas Council of Governments (NCTCOG) in developing
standard specifications for public infrastructure improvements and
stormwater management;
(ii)
Proposed and potential use of the land;
(iii)
Timing and sequence of development in relation to availability
of adequate levels of public facilities systems;
(iv)
Engineering studies specific to the development including, but
not limited to, impact fee studies, traffic impact studies, drainage
studies, fire protection consumption and irrigation water needs, and
solid or liquid waste collection or disposal;
(v)
Level of service and functionality of both on-site and off-site
public infrastructure improvements in serving the proposed subdivision
or development;
(vi)
Degree to which public infrastructure improvements necessary
to serve the proposed subdivision are supplied by other developments;
(vii)
Anticipated participation by the city in the costs of necessary
public infrastructure improvements;
(viii)
Degree to which acceptable private infrastructure
improvements to be constructed and maintained by the applicant will
offset the need for public infrastructure improvements;
(ix)
Any reimbursements for the costs of public infrastructure improvements
for which the proposed subdivision is eligible; and/or
(x)
Any other information relating to the impacts created by the
proposed subdivision or development on the city public facility systems.
(B)
The city manager and/or designee may require that the applicant,
at its expense, submit any information or studies that may assist
in making the proportionality determination.
(C)
Rough proportionality will be considered in conjunction with the
development application by city council with a recommendation from
the planning and zoning commission.
(3)
Determination.
(A)
The planning and zoning commission and city council shall consider
the report concerning the proportionality of the exaction requirements
in making a decision on a plat application and may grant a waiver
to the requirements herein or make a decision to participate in the
costs of improvements.
(B)
The administrative official responsible for issuing a permit for
which an exaction requirement is imposed as a condition of approval
shall consider the report concerning the proportionality of the exaction
requirements in making its decision as to whether to grant the permit
or to modify or waive an exaction requirement.
(4)
Rough proportionality appeal.
(A)
An applicant may file an appeal to contest any exaction requirement,
other than impact fees, imposed as a condition of approval or in which
the failure to comply is grounds for denying the application pursuant
to the regulations herein.
(B)
The purpose of a proportionality appeal is to assure that an exaction
requirement imposed as a condition of approval does not result in
a disproportionate cost burden on the applicant, taking into consideration
the nature and extent of the demands created by the proposed subdivision
or development on the city public facility systems.
(5)
Appeals procedure.
(A)
An applicant shall file a written appeal with the city secretary
within 10 days of the date the planning and zoning commission or the
city administrative officer responsible for issuing the permit takes
action applying the exaction requirement. This may include denial
of the permit or plat. The applicant shall submit 15 copies of the
appeal.
(B)
A separate appeal form shall be submitted for each exaction requirement
for which relief is sought. The city secretary shall forward the appeal
to the city council for consideration.
(C)
The applicant may request postponement of consideration of the plat
application by the city council pending preparation of the study and/or
appeal, in which case the applicant shall also waive any the statutory
period for acting upon the application for the time necessary for
the city council to decide the appeal.
(D)
No development agreement may be executed by the city:
(i)
Until the time for appeal has expired unless the applicant agrees
in writing that the rough proportionality determination of the [city]
is reasonable and accurate and that no appeal will be filed; or
(ii)
If an appeal is filed, until the city council has made a determination
with respect to the appeal.
(E)
The appeal shall state the reasons that application of the exaction
requirement is not roughly proportional to the nature and extent of
the impact created by the proposed subdivision or development on the
city public facility systems and does not reasonably benefit the proposed
subdivision or development.
(F)
The appellant shall submit 15 copies of a study in support of the
appeal that includes, with respect to each specific exaction requirement
appealed, the following information within 30 days of the date of
appeal, unless a longer time is requested:
(i)
Total capacity of the city water, wastewater, roadway, drainage,
or park system, as applicable, to be utilized by the proposed subdivision
or development, employing standard measures of capacity and equivalency
tables relating the type of development proposed to the quantity of
system capacity to be consumed by the subdivision. If the proposed
subdivision is to be developed in phases, such information also shall
be provided for the entire development, including any phases already
developed.
(ii)
Total capacity to be supplied to the city’s public facilities
systems for water, wastewater, roadway, drainage or parks, as applicable,
by the exaction requirement. This information shall include any capacity
supplied by prior exaction requirements imposed on the development.
(iii)
Comparison of the capacity of the applicable city public facility
systems to be consumed by the proposed subdivision or development
with the capacity to be supplied to such systems by the proposed exaction
requirement. In making this comparison, the impacts on the city’s
public facilities systems from the entire subdivision or development
shall be considered.
(iv)
The amount of any city participation in the costs of oversizing
the public infrastructure improvements to be constructed by the applicant
in accordance with city requirements.
(v)
Comparison of the minimum size and capacity required by city
standards for the applicable public facility systems to be utilized
by the proposed subdivision or development with the size and capacity
to be supplied by the proposed exaction requirement.
(vi)
Any other information that shows the alleged disproportionality
between the impacts created by the proposed development and the exaction
requirement imposed by the city.
(G)
The city manager and/or designee shall evaluate the appeal and supporting
study and shall make a recommendation to the city council based upon
analysis of the information contained in the study and utilizing the
same factors considered by the engineer in making the original proportionality
determination.
(6)
City council decision of appeal.
(A)
The city council shall decide the appeal within 30 days of the date
of final submission of any evidence by the applicant.
(B)
Upon receipt of the final submission of evidence from the applicant,
the city secretary shall schedule a time and date for the city council
to consider the appeal and shall cause the applicant to be notified
at the address specified in the appeal form of the time, date and
location at which the city council shall consider the appeal.
(C)
The applicant shall be allotted time, not to exceed 30 minutes, to
present testimony at the city council meeting.
(D)
The council shall base its decision on the criteria listed herein
and may:
(i)
Deny the appeal and impose the exaction requirement in accordance
with the report and recommendation of the city manager and/or designee
or the decision of the planning and zoning commission; or
(ii)
Grant the appeal, and waive in whole or in part an exaction
requirement to the extent necessary to achieve proportionality; or
(iii)
Grant the appeal, and direct that the city participate in the
costs of acquiring land for or constructing the public infrastructure
improvement.
(E)
In deciding an appeal, the city council shall determine whether application
of the exaction requirement is roughly proportional to the nature
and extent of the impact created by the proposed subdivision on the
city public facility systems for water, wastewater, roadway, drainage,
or park facilities, as applicable, and reasonably benefits the subdivision.
In making such determination, the council shall consider:
(F)
The city council may require the applicant or the city administrative
officers to submit additional information that it deems relevant in
making its decision.
(G)
The applicant shall not be deemed to have prevailed in the event
that the city council modifies the exaction requirement.
(7)
Action following decision of city council.
(A)
If the city council finds in favor of the applicant and waives the
exaction requirement as a condition of plat approval, or modifies
the exaction requirement to the extent necessary to achieve rough
proportionality, the applicant shall resubmit the plat application
to the planning and zoning commission or city administrative officer
responsible for issuing the permit within 30 days of the date the
city council takes action, with any modifications necessary to conform
with the city council decision. Failure to do so will result in the
expiration of any relief granted by the city council.
(B)
If the city council finds in favor of an applicant for any other
permit and waives the exaction requirement as a condition of permit
approval, or modifies the exaction requirement to the extent necessary
to achieve rough proportionality, the applicant shall resubmit the
permit application to the responsible official within 30 days of the
date the city council takes action, with any modifications necessary
to conform the application with the city council decision. Failure
to do so will result in the expiration of any relief granted by the
city council.
(C)
If the city council denies the appeal and the applicant has executed
a waiver of the statutory period for acting upon a plat, the city
shall place the plat application on the agenda of the planning and
zoning commission within 30 days of the city council decision.
(D)
If the plat application is modified to increase the number of residential
dwelling units or the intensity of nonresidential uses, the city manager
and/or designee may require a new study to validate the relief granted
by the city council.
(E)
If the plat application for which relief was granted is denied on
other grounds, a new appeal shall be required on any subsequent application.
(8)
Appeal of city council decision.
(A)
An applicant may appeal the decision of the city council to the county
or district court of the county in which the development is located
within 30 days of the date that the council issues its final decision.
(B)
In the event that the applicant prevails in such action, the applicant
will be entitled to attorneys’ fees and costs, including expert
witness fees.
(Ordinance 1170, sec. 10.304, adopted 11/12/19)
